Employers Offering "Comp" Time Instead of Overtime

Web Admin - Tuesday, March 11, 2014

illinois overtime employee lawyerMany employees are owed overtime by their employers under the Fair Labor Standards Act (FLSA) once they work more than 40 hours in a week. Illinois also has a separate wage and hour law that comes into effect at the same 40-hour mark. While many employers dutifully obey these laws and pay the qualifying employees time-and-a-half during overtime, sometimes, either intentionally or by mistake, employers subvert these laws. One of the most common ways that employers attempt to get around paying overtime is through the use of compensatory or "comp" time instead of overtime.

This practice involves employers allowing a worker to take paid hours off in the future based on the amount of overtime hours worked. Most commonly these hours off will be either equal to the amount of overtime, or an hour and a half off for each hour of overtime.

Who Is Entitled to Overtime?

The first step in determining whether an employer is violating wage and hour laws related to overtime is to find out if the law mandates overtime for the employee in question. The first place to look is in the FLSA, which governs overtime requirements on a federal level. The FLSA qualifies all hourly employees for overtime pay, unless they fall into a list of exemptions. The Department of Labor provides a full list of exempt employees. Some of the most commonly applicable exemptions are:

  • - Sales employees working on commission;
  • - Computer professionals making at least $23.67 an hour;
  • - Drivers, loaders, and mechanics employed by motor carriers;
  • - Salesmen, partsmen, and mechanics who work for automobile dealerships; and
  • - Executive, administrative, and professional employees who are paid on a salaried basis.

Illinois’ wage and hour law also contains a list of exemptions, though these largely overlap with the FLSA’s list. For an employee to be exempt from overtime requirements, their occupation would need to be exempted from both the FLSA and the Illinois overtime law.

Is Comp Time Legal?

If a private sector employee falls under the ambit of overtime laws, then paying them with compensatory time instead of an overtime rate violates overtime laws. The purpose of those laws is to provide employees a premium for working overtime, which comp time circumvents. Importantly, this rationale does not apply to all rearrangements of schedules. The overtime laws focus on a weekly time scale, meaning that working more than eight hours in a day does not qualify a person for overtime, and an employer is allowed to shift time within the week to keep an employee below the 40 hour threshold. It is only the banking of paid time off in lieu of an overtime premium that violates the law.

If you believe you have been the victim of an overtime violation like comp time, reach out to a Barrington employment lawyer today. Our team handles cases in many northwest suburbs, including Schaumburg, Rolling Meadows, and Palatine.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Recent Posts


Barrington employment law attorney expungement Illinois estate planning Des Plaines drug crimes lawyer special needs trust Rolling Meadows business lawyer Palatine drug lawyer trucking accident lawyers Arlington Heights TBI attorney digital assets IRS reckless homicide Deer Park traffic accident attorney Illinois insurance claims lawyers living trust benefits agent real estate attorneys Illinois registered agent landlord tenant law Illinois traffic attorney Legal Info insurance negligence Arlington Heights trucking lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Crystal Lake pet attorney real estate contract underinsured motorist food poisoning Arlington Heights lawyer Forcible Entry Buffalo Grove personal injury attorney Inverness insurance attorney pay when paid contract medical malpractice Joliet general practice lawyers traffic violations defense loopholes capital gains tax real estate closing license revocation preventable medical errors BUI Des Plaines Traffic Lawyer natural gas drug crime IRELA Illinois insurance claim dispute lawyer Barrington personal injury attorney Rolling Meadows criminal attorney Home Remodeling Repair Act Illinois speeding lawyer internet Barrington real estate lawyer Illinois workers compensation lawyer license denial of life insurance privacy laws Palatine construction attorney Chicago car accident lawyer denied insurance claims Palatine elder law attorney Barrington criminal lawyer elder law caretaker rights wrongful termination insurance claim work unions jet ski Food and Drug Administration's Food Safety Modernization Act Inverness real estate lawyer Des Plaines Illinois business law atorneys Home Sale Contingencies medical malpractice compensation Inverness personal injury attorney Mt Prospect Attorney rest breaks Long Grove wills and trusts attorneys medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Arlington Heights criminal lawyer Des Plaines tax law firm pain and suffering blended families Palatine employment law lawyer Chicago traffic lawyer Mount Prospect elder law attorney insurance claim delay probate claims process Barrington attorney pedestrian accidents pizza emoji Colin H. Gilbert Buffalo Grove car accident lawyer anesthesia errors traffic violations trauma after an accident Rolling Meadows boating crash lawyer Buffalo Grove law firm Illinois motorcycle accident lawyer Illinois LLC creation institutional trustee cell phone Deer Park real estate law firm Illinois traffic accident lawyer appealing an insurance claim insurance claims trustee Arlington Heights insurance attorney Rolling Meadows Traffic Lawyer marijuana crimes attorney Buffalo Grove personal injury lawyer Illinois personal injury lawyers Schaumburg personal injury lawyer Barrington Illinois estate planning lawyer probate claims DMV Rolling Meadows insurance attorney changes to mortgage law holiday statistics Liquor Control Act Deer Park medical malpractice attorney Detainer Actions workplace sexual harassment Rolling Meadows estate planning attorney investment property sexual images Illinois personal injury lawyer icy parking lots distracted driving accident victims Palatine real estate lawyer home inspection lawyer Federal Food Drug and Cosmetic Act Crystal lake insurance dispute attorney Buffalo Grove medical malpractice lawyers pregnant women living trust vs will South Barrington real estate lawyer Arlington Heights traffic attorney deed transfer mass shooting murder defense Buffalo Grove criminal defense lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace employment contract Buffalo Grove probate lawyer Landlord Tenant Ordinance startup company Crystal Lake pedestrian accident lawyer Crystal Lake medical malpractice attorneys Transfer on Death Instrument Illinois medical malpractice lawyers Palatine punch death IRA trust transfer elder abuse insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys owner responsibility texting and driving Palatine business attorney Rolling Meadows marijuana attorney cell phone tower data Rolling Meadows personal injury lawyer commercial leasing Arlington Heights personal injury lawyer Colin Gilbert Illinois construction accident attorney Mount Prospect real estate lawyer Illinois business lawyer Crystal Lake insurance lawyer Schaumburg estate planning lawyer federal regulations for LLCs Schaumburg Attorney Fourth of July drugs Crystal Lake traffic lawyer Illinois estate planning law firm Illinois defective products attorney Barrington employment attorney Illinois tax attorney Inverness estate planning lawyer Crystal Lake car accident lawyer sole proprietorship Rolling Meadows Rolling Meadows litigation lawyer BAIID fatal car accidents estate plan Buffalo Grove employment lawyer paid sick leave Arlington Heights wills and trusts attorney Chicago estate planning lawyer swimming pools real estate medical research Illinois Smoke Detector Act caregiver traffic tickets Illinois employment law attorney trench injuries pedestrian-automobile accident estate planning lawyer dynasty trusts Barrington medical malpractice lawyers Chicago insurance law firm Illinois insurance lawyer Illinois medical malpractice case blood alcohol content cell phone accidents estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers manufacturing Rolling Meadows real estate attorney Jay Andrew murder Rolling Meadows traffic attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, DUI defense insurance dispute attorney llinois Real Estate Lawyers Association Barrington workers compensation attorney Barrington employment law firm Illinois pedestrian accident attorney Illinois mortgages in terrorem provision estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Long Grove estate planning attorney Retaliatory Discharge privacy Illinois trucking safety traffic laws meal breaks product liability gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys life insurance lawyer Crystal Lake business law attorneys LLCs texting while driving probate hands free device dram shop law insurance denials wage theft Palatine insurance lawyer Illinois insurance attorney life insurance policy Chicago attorney motorcycle accident POA Chicago will attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, Illinois trusts attorney comparative negligence Schaumburg estate planning attorney Rolling Meadows corporate lawyer Buffalo Grove corporate attorney Illinois wrongful termination lawyer Illinois insurance claim dispute lawyers murder charges Schaumburg construction accident lawyer Schaumburg elder law lawyer Chicago employment lawyer TBI estate planning Self-Directed IRA Accounts license suspension Illinois Transfer on Death Instrument Illinois Sales Representative Act spinal cord injuries trusts rent to own real estate contracts golf accidents Kenilworth estate planning lawyer Schaumburg probate attorney workers comp financial advisors Attorney Ken Apicella Illinois law guardianship attorney Illinois red light cameras Schaumburg drug defense lawyer attorney fees employment lawyer ACA Arlington Heights Attorney mortgage Inverness injury lawyer Illinois insurance disputes severance agreements Illinois DUI attorney natural gas explosion traumatic brain injury Arlington Heights car accident lawyer Crystal Lake bike accident lawyer liens Arlington Heights personal injury attorney insurance agent negligence drunk driving statistics car collision Barrington drug crime attorney CAM job lawyers Crystal Lake employment attorney Des Plaines criminal attorney sexual harassment loss of consortium Crystal Lake medical malpractice lawyer Arlington Heights wills and trusts attorneys Barrington criminal defense lawyer car crash injuries Des Plaines drug lawyer operating agreements Schaumburg insurance lawyers speeding Palatine workers compensation lawyer Arlington Heights real estate lawyer employee misclassification employee rights filing a medical malpractice claim defective products insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys whistleblower protections Illinois workplace discrimination attorney Illinois attorney overtime pay Arlington Heights car crash attorneys Schaumburg corporate attorney Illinois employment lawyer IRA benefits clemency distracted driving accidents Schaumburg personal injury attorney fault based insurance GM ignition switches suspended license medical malpractice claims Des Plaines pet law attorney Rolling Meadows accident lawyer Illinois will lawyer Crystal Lake estate planning lawyer Illinois employment law attorneys DGAA Schaumburg real estate lawyer insurance disputes insurance claim dispute attorney Fair Labor Standards Act employment attorney small business pedestrian accident personal injury lawyer Illinois home inspection Arlington Heights wills and trusts lawyers Rolling Meadows employment law attorneys traffic offenses crossover accidents creditors personal injury claim Chicago insurance claim attorneys Whistleblower Claims Long Grove real estate lawyer Illinois Workers’ Compensation Commission Illinois Human Rights Act Illinois probate lawyer Illinois injury lawyer Illinois bicycle safety Deer Park personal injury lawyer Crystal Lake will lawyer Illinois collections attorney Illinois employment law PTSD defective products lawyer car accident lawyer deadly crashes Inverness corporate attorney liability claims Rolling Meadows personal injury lawyers Super Mario breathalyzer test Palatine personal injury lawyer employment law personal injury accidents Des Plaines insurance attorney hit and run accident real estate attorney Arlington Heights Traffic Lawyer Deer Park DUI lawyer bad faith insurance claims Inverness accident lawyer employment law, Illinois employment laws Des Plaines personal injury lawyers Illinois estate planning attorney Des Plaines accident attorney Rolling Meadows insurance lawyer traffic crimes minimum wage rollover car crashes irrevocable trust Des Plaines real estate lawyer civil litigation Palatine injury attorney Rolling Meadows employment law attorney criminal law Illinois Wage Payment and Collection Act Buffalo Grove traffic attorney hiring employees Rolling Meadows employment attorney child safety Inverness DUI lawyer Schaumburg personal injury lawyers DUI penalities Do Not Resuscitate drug crimes lawyer car accidents Rolling Meadows medical malpractice lawyers insurance agents construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation bicycle accidents Rolling Meadows criminal lawyer first degree murder Inverness probate lawyer Illinois boating accident lawyer insurance dispute condo Illinois insurance claim attorney Des Plaines collections attorney contracts Rolling Meadows traffic law firm criminal record Des Plaines real estate attorney eluding a police officer estate planning attorney South Barrington real estate attorney Affordable Care Act marijuana DNR fiduciary rule digital information Schaumburg medical malpractice lawyer automated cars gift taxes residential real estate personal injury trucking accidents Schaumburg employment law attorneys healthcare disability benefits Schaumburg employment attorney underfunded trust Mount Prospect wills and trusts lawyers license reinstatement Schaumburg drunk driving Deer Park workers compensation lawyer unpaid overtime field sobriety test Arlington Heights injury attorney Palatine trusts lawyer Illinois lawyer premises liability Buffalo Grove insurance claim dispute lawyers no contest clauses Palatine traffic lawyer Illinois traffic ticket lawyer Illinois small business Illinois traffic laws car accident criminal Chicago estate planning Crystal Lake law firm life insurance claims Illinois Probate Act of 1975 Illinois job attorney Illinois medical malpractice attorney Arlington Heights employment attorney wills and trusts Crystal Lake medical malpractice law firm criminal defense civil rights violation motorcycle accident lawyer living wills Kenilworth estate planning attorneys Palatine Attorney Chicago employment attorney modern family estate planning Deer Park accident attorney Palatine law firm Long Grove estate planning independent contractor Kenilworth estate planning attorney Illinois pet lawyer Schaumburg injury lawyer senior citizens Schaumburg estate attorney Illinois workers compensation attorney Palatine corporate law attorneys Barrington boating accident attorney problem employees slip and fall landlord uninsured motorist Long Grove estate planning attorneys commercial real estate health insurance dispute Crystal Lake injury attorney insurance attorney employee discrimination foreclosure Illinois employment attorneys corporate law consent to a search Des Plaines claims law firm Illinois wills and trusts attorneys Crystal Lake personal injury lawyer Illinois employment law firm breach of contract ken apicella Crystal Lake traffic attorney wills compensatory time boating under the influence jet ski accidents Arlington Heights wills and trusts lawyer foreclosed rental property unpaid assessment Class A misdemeanor living trust Barrington injury attorney Deer Park criminal attorney Palatine civil attorney Illinois wills and trusts Deer Park motorcycle accident lawyer Family Medical Leave Act Deer Park traffic lawyer truck collisions college kids dealing with problem employees Deer Park employment law attorney Barrington business law firm comp time Rolling Meadows tax attorney medical marijuana controlled substance estate planning trusts probate process real estate lawyer Arlington Heights pedestrian accidents power of attorney for healthcare Schaumburg criminal attorney Exclusions boating DUI Des Plaines civil attorney spinal cord injury Des Plaines personal injury lawyer tax attorney installment contracts Chicago biking tips Arlington Heights tax lawyer forming a corporation in Illinois estate planning for college students personal injury attorney Barrington Traffic Lawyer Des Plaines injury law firm Arlington Heights employment law attorneys civil litigation attorney Barrington civil litigation attorney Long Grove real estate attorney workers compensation benefits federal crimes Employment Discrimination Law Illinois personal injury Palatine criminal defense lawyer estate attorney insurance claim dispute Schaumburg criminal law attorney Illinois Illinois traffic attorneys Barrington estate planning attorney Policy Cancellation personal injury claims drug possession Illinois real estate lawyer Illinois jet ski accident lawyer auto accidents Inverness elder law lawyer Palatine traffic accidents Des Plaines medical malpractice attorney vacation home revenge porn overtime violations trust payments slip and fall accidents vacation home fines Buffalo Grove injury lawyer unfunded trust Palatine corporate attorney BAC fiduciary rule delay pedestrian injuries, pedestrian fatality traumatic brain injuries Illinois criminal defense attorney Crystal Lake criminal defense attorney Rolling Meadows DUI lawyer DUI Chicago lawyer Illinois rollover accident lawyers life insurance workers compensation Illinois corporate lawyer denied insurance claim personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys condo association Crystal Lake employment law attorney traffic deaths Des Plaines motorcycle accident attorney Illinois elder law attorney Illinois car accident attorney Palatine employment lawyer Riverwoods estate planning lawyer Schaumburg traffic lawyer car crash personal injury law firm Crystal Lake accident attorney bicycle dooring accidents surgical mistakes Illinois civil litigation lawyer Palatine civil litigation lawyer business litigation probate lawyer advance healthcare directive Inverness real estate attorney Schaumburg wrongful death attorney Rolling Meadows drug defense attorney boating accidents Rolling Meadows personal injury attorney healthcare claims School Visitation Rights Act bike accident Arlington Heights accident attorney power of attorney real estate leasing income distribution deducation new real estate form digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Palatine estate planning lawyer ObamaCare subcontractor Illinois living will Schaumburg civil litigation attorney Illinois employee rights attorney. construction accidents Crystal Lake car accident attorney DUI attorney rumble strips Barrington estate planning lawyer Des Plaines personal injury attorney FMLA rollover accidents Barrington personal injury lawyer Illinois real estate low-ball insurance settlement Rolling Meadows probate lawyer Illinois employment laws Barrington litigation attorney liability traffic accidents social media after death nursing home negligence Arlington Heights medical malpractice lawyer Illinois insurance dispute lawyers commercial leases insurance denial appeals Arlington Heights estate planning attorney insurance adjusters preventing accidents back injuries insurance claim denial head on collisions Inverness civil lawyer medication errors pet law Buffalo Grove real estate attorney homestead rights real estate zoning construction contracts unauthorized overtime employees Schaumburg car accident attorney Crystal Lake personal injury attorney Rolling Meadows insurance dispute lawyers, insurance dispute Rolling Meadows insurance dispute lawyers estate tax driving insurance claim denials Rolling Meadows car accident lawyers drug crimes Illinois medical malpractice claim taxes Crystal Lake civil litigation lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys products liability Inverness traffic law firm car accident lawyers car crashes Illinois personal injury attorney Des Plaines DUI attorney Chicago trucking accident attorney Palatine probate lawyer Palatine employment attorney Illinois driving without license accidental death benefits brain injury Buffalo Grove traffic lawyers FSLA Crystal Lake employment lawyer dog bites right to work probate fees Crystal Lake tax lawyer Illinois workplace lawyer Thanksgiving Chicago corporate attorney wrongful death Rolling Meadows Attorney involuntary manslaughter underage DUI digital evidence pet bites